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Only in Massachusetts: The dialect defense

The Lowell Sun

Updated:
04/19/2013 10:22:46 AM EDT

Just when you think you've heard it all about the Massachusetts judicial system, another cockeyed ruling comes down that stirs the pot some more.

On April 8, Worcester Superior Court Judge Janet Kenton-Walker ruled that an illegal immigrant who's been in this country since 2002, and allegedly killed a man in a drunken-driving accident, isn't competent to stand trial because he doesn't understand English and can't comprehend the court system.

This is a new precedent-setting break for illegal immigrants who may be contemplating violating U.S. laws in the days, weeks and months ahead. Just stare and mumble.

Defense attorneys take notice: "No speaky the language, no problem" might just become a new clause in the 14th Amendment, giving illegals even more equal protection under the law than English-speaking, law-abiding citizens now get.

It's not really hard to believe that Kenton-Walker, appointed to the bench by Gov. Deval Patrick in 2009, gave Nicholas Dutan Guaman, 35, formerly of Ecuador and now of Milford, a pass. He's only lived in America for 11 years, not nearly enough time to understand much of anything except how to avoid going to jail. Did we mention that Guaman has had other appearances before state courts?

You might recall that it was Guaman who bought liquor on Aug. 20, 2011, and allegedly drove a truck through a stop sign and into Matthew Denice, 23, who was riding a motorcycle. Guaman was evidently so drunk, according to police reports, he dragged Denice and his motorcycle for a quarter of a mile even though passersby raced up to the truck, rapped on its window and yelled at him to stop.

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He didn't. Police arriving at the scene did.

Now here's the catch. Guaman, who did not have a license and registration, comes from a remote area in Ecuador and speaks a dialect called Quecha. We don't know how he bought the beer from the package store, but certainly he didn't use Quecha. Still, Kenton-Walker says Guaman can't understand our legal system and needs either an interpreter or English lessons in order for the trial against him to proceed.

In a 12-page ruling, following a hearing in January, the judge wrote that because of Guaman's "unique cultural background" and Quecha dialect, he has only a minimal understanding of the charges against him ... and lacks the ability to consult with his lawyer "with a reasonable degree of rational understanding."

Kenton-Walker has scheduled the next competency hearing in 60 days, at which time, we can assume, Guaman will likely know enough English to get into Harvard, if not get out of jail -- all at the taxpayers expense.

It's ironic that previous judges didn't find Guaman incompetent. He was arrested in 2008 for assaulting a police officer, breaking and entering, and driving without a license. Not one charge stuck and Guaman's record remained clean. It gives new meaning to "Only in Massachusetts," where three strikes means you're in for good -- that's in the country, not jail.

So what should Kenton-Walker have done? Maybe she should have shown Guaman the evidence of Denice's torn-up body and asked him to respond in body language. When Guaman was arrested and asked if he knew he had killed a man, Guaman "shrugged" according to police reports.

This is not a case of competency, it's a case of a lack of common sense. Judge Kenton-Walker has made an illegal immigrant the victim while the commonwealth is the fool.

Anyone who speaks Quecha should call the judge, who's probably hoping the phone never rings.

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